Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RADHAKISHAN AGRAWAL
Sukhpreet Singh, S/o. Guljar Singh Dhillan – Appellant
Versus
State of Chhattisgarh, Through The Station House Officer – Respondent
| Table of Content |
|---|
| 1. scenario of illegal liquor possession leading to conviction. (Para 3 , 4 , 5) |
| 2. defense argues failure of prosecution to meet standards. (Para 6 , 7) |
| 3. assessment of evidence and procedural lapses. (Para 8 , 9 , 10 , 11 , 12 , 14 , 15) |
| 4. court references precedent to discuss compliance. (Para 16) |
| 5. final outcome set aside convictions based on doubt. (Para 17 , 18) |
JUDGMENT :
1. Since, both the above captioned revisions arise out of same impugned order dated 27.08.2016, they are being heard together and disposed of by this common judgment.
3. Case of the prosecution, in brief, is that on 18.08.2014 at about 10:00 PM, Purshottam Nirmalkar, Head Constable (PW-05) had gone for patrolling along with other police staff where he received a secret information that two persons were coming from Durg to village Rengakathera, carrying illicit liquor in their motorcycle bearing registration No.CG-07-AF-5735. The said motorcycle was driven by Nageshwar Lodhi (applicant in CRR No.986/2016) and Sukhpreet Singh (applicant in CRR No.830/2016) was the pillion rider. On the basis of said information, the police stopped the said accused persons/applicants and searched them. On being sea
The conviction under the Chhattisgarh Excise Act was set aside due to prosecution's failure to prove its case beyond reasonable doubt based on procedural violations.
The prosecution must establish its case beyond reasonable doubt, adhering to statutory requirements; failure to do so results in acquittal.
The prosecution must establish guilt beyond reasonable doubt, and inconsistent witness testimony undermines the credibility of charges under the Bihar Excise Act.
The court ruled that the prosecution failed to prove the case beyond a reasonable doubt due to procedural irregularities and witness credibility issues.
Conviction for illicit liquor possession cannot be based solely on non-chemical tests; lack of adequate evidence warrants acquittal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
